Professional Documents
Culture Documents
of Sale dated October 6, 2000 executed by Dominador Panglao and Alessandro Panglao and notarized
by herein Respondent. The Deed of Sale has the notarial series of: Doc. No. 375, Page No. 76, Book No.
XXXIII, Series of 2000.
To verify the authenticity of the Deed of Sale, Complainant verified with the Office of the Clerk of
Court, RTC, Baguio City on September 4, 2001 that said Deed of Sale does not appear in Respondent's
Notarial Reports and, in fact, a different document corresponds with the aforesaid notarial entries.
Complainant submits a Certificate to this effect.
Moreover, he checked with the Baguio City Treasurer's Office and it showed that the supposed
Community Tax Certificate (CTC) numbers of the two affiants in the Deed of Sale were never issued to
either of the two affiants.
Respondent admitted that he was the one who prepared the Deed of Sale. However, he claimed that the
parties merely dictated to him their Community Tax Certificate Numbers; that he inadvertently failed to
include the Deed of Sale in the report submitted to the Office of the Clerk of Court; that it was pure
inadvertence that the document that was reported and included in the report to the Office of the Clerk of
Court and which bore the document number assigned to the Deed of Sale was an Affidavit executed by
Teofilo Malapit.
Issue: Whether Respondent's excuses can be accepted as satisfactory that would thus classify his acts as
"excusable negligence."
Held: The Court ruled in the negative.
There is nothing on record that can excuse Respondent or that can justify his lapses. That the
Respondent did not ask to see the CTC of the affiants and that the affiants simply dictated to him their
CTC numbers out of memory is an unacceptable excuse and explanation. This is gross negligence.
According to the Court, it is unusual that the Respondents clients could have easily recited their CTC
numbers from thin air. This should have already prompted the Respondent to be suspicious but he was
easily fooled by his clients.
Respondent's failure to include the Deed of Sale in his notarial report is another act of gross negligence.
This negligence is highlighted by the fact that said Deed of Sale was subsequently introduced into a
quasi-judicial proceeding when it was attached to Alessandro Panglao's "Affidavit of Title/Right of
Possession of Third Party Claimant". Its non-inclusion in the notarial report is inexcusable and for which
only the lawyer himself, and not his secretary, should be held to account.
A notary public is empowered to perform a variety of notarial acts, most common of which are the
acknowledgment and affirmation of a document or instrument. In the performance of such notarial acts,
the notary public must be mindful of the significance of the notarial seal as affixed on a document. The
notarial seal converts the document from private to public, after which it may be presented as evidence
without need for proof of its genuineness and due execution. Thus, notarization should not be treated as
an empty, meaningless, or routinary act.
The Court ruled that respondent be reprimanded for violating the Code of Professional Responsibility
and suspended from the practice of law for one (1) year and revocation and suspension of respondent's
notarial commission for two (2) years.